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United States v. Sauder

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA NORTHWESTERN DIVISION


April 26, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JAMES RICHARD SAUDER, DEFENDANT.

The opinion of the court was delivered by: Charles S. Miller, Jr. United States Magistrate Judge

ORDER

The defendant, James Richard Sauder (Sauder), is charged in a complaint with a Class B misdemeanor, i.e., unlawfully entering military property in violation of 18 U.S.C. § 1382. This matter has been set for a court trial on May 21, 2010, at 10:00 a.m. in Minot before the undersigned.

On April 26, 2010, Sauder filed a motion requesting a jury trial. He is not entitled to jury trial, however, as the offense with which he has been charged carries a term of imprisonment of six months or less. See 18 U.S.C. § 1382; United States v. Jardee, No. 4:09-mj-091, 2010 WL 565242m, at *2 (D.N.D. February 12, 2010). His motion (Docket No. 15) is therefore DENIED.

IT IS SO ORDERED.

20100426

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